EPA Drops Alleged Clean Water Act Violations Against Client in the Aftermath of the Watershed United States Supreme Court CWA Case Sackett v. The United States of America

by The Session Law Firm on August 22nd, 2012

On July 31, 2012, the General George C. Marshall Memorial Post No. 2184, Inc., a chapter of the Veterans of Foreign Wars organization (“VFW”) received notice that the Environmental Protection Agency (“EPA”) was terminating a Findings of Violation and Order for Compliance (“Compliance Order”) previously issued to the VFW on July 7, 2011.

The Compliance Order, issued to the VFW for alleged violations of Section 404 of the Clean Water Act, would have required the VFW to spend hundreds of thousands of dollars “restoring the Site or mitigating lost wetlands and/or stream functions” that the VFW and its technical consultants claim had not been impacted.

The VFW, its attorneys, The Session Law Firm (“TSLF”), and its technical consultants, Ray and Susan Kagel, Kagel Environmental, presented legal and technical arguments to the EPA in support of the VFW’s position that the EPA’s demands for restorative actions were unwarranted. These arguments, made even stronger in light of the Sackett opinion rendered by the Supreme Court during the pendency of this matter, focused on the lack of technical basis for the Compliance Order. The VFW’s technical support, Ray and Susan Kagel were also the experts for the plaintiffs in Sackett.

While not explicitly acknowledged, the Kagels’ and TSLF strongly suspect EPA took into account the technical insufficiency of its Compliance Order in light of parties’ recent ability to challenge the factual and legal bases of such orders in court. However, whatever the “stated” reason for terminating the Compliance Order, it was a welcome victory for the VFW and TSLF.

  1. I see a lot of interesting posts on your blog. You have to spend a lot of time writing,
    i know how to save you a lot of time, there is a tool that creates high quality,
    google friendly articles in couple of seconds,
    just type in google – k2 unlimited content

  2. I read a lot of interesting articles here. Probably you spend
    a lot of time writing, i know how to save
    you a lot of work, there is an online tool that creates unique, SEO friendly articles in seconds,
    just search in google – laranitas free content source

  3. The EPA alleges he discharged dredged or fill materials into waters of the U.S. by building a retaining wall and a dike in a riverbank.

  4. investzt permalink

    Это точно

  5. Artisanofs permalink

    handwritten books were made,

  6. Augustcbf permalink

    Western Europe also formed

  7. Annotationsmfu permalink

    which is carried out by the printing

  8. Squieresk permalink

    elements (case, binding).

  9. Ascentyrr permalink

    scroll. Go to Code Form

  10. Glassxhf permalink

    Of his works, he is especially famous

  11. Fortresspyu permalink

    or their samples written

Leave a Reply

Note: XHTML is allowed. Your email address will never be published.

Subscribe to this comment feed via RSS